Terms of Use

Please take time to read/scan through the text below. Time, hard work (and money) have been invested to make this project happen. Respect and common sense are highly encouraged in using this website. Thank You.

INTRODUCTION

Welcome to the Internet sites of QESIGH. QESIGH sites include www.QESIGH.com , www.BONWIWI.com, www.WIBBLETS.com, any successor pages thereto, and any other sites affiliated with QESIGH. The QESIGH sites are owned and operated by QESIGH, and its affiliates (collectively referred to herein as “QESIGH, “we”, “us,”or “our”).

QESIGH, domiciled at Montreal, Quebec, Canada is a limited liability company duly incorporated and organised under the laws of Canada.


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS QESIGH SITE

By using the QESIGH Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the QESIGH Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labelled “Amendment.”


RESTRICTIONS ON USE OF CONTENTS AND MATERIALS

This Site is owned and operated by QESIGH. The contents of this Site are protected by Canada’s copyright and trademark law, international conventions and other applicable laws. All materials contained in the Site are the copyrighted property of QESIGH or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to QESIGH or its affiliates and/or third-party licensors. All logos, characters, artwork, stories, information, names, and other elements associated thereto are the sole and exclusive property of QESIGH or its subsidiaries or affiliated companies and/or third-party licensors. Any use of any of the materials on this Site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from QESIGH, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of QESIGH’S copyright and other proprietary rights. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party’s use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.


FORUMS AND PUBLIC COMMUNICATION

“Forum” means a chat area, message board, blog, instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any QESIGH Site. If you participate in any Forum within a QESIGH Site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a QESIGH Site by way of any Forum is routed through QESIGH ‘S servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on QESIGH Sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

HOUSE RULES

The following is a list of the House Rules of conduct for the QESIGH Sites. By using the QESIGH Sites you agree not to do any of the following:

* 1.Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

* 2.Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;

* 3.Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind;

* 4.Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;

* 5.Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

* 6.Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;

* 7.Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

* 8.Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

Additionally, you may use electronic greeting cards or mobile messaging for non commercial purposes only. You must furnish your actual e-mail address or mobile phone number in order to send a card or message. Any business use, “re-mailing”, or other high-volume application is strictly prohibited. You are not permitted to send cards or messages using an automated program. Electronic greeting cards and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. Electronic greeting cards and mobile messages that violate these guidelines will not be delivered.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these House Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a QESIGH site in violation of the law.

SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

From time to time, areas on this website may expressly encourage, through participation in certain activities (e.g., postings to chat, blogs, boards, or contests, etc.), submissions of concepts, creative suggestions, ideas, preferences , notes, or other potential content or information from you (“Invited Submissions”). Please, bear in mind that the terms of this agreement will apply in full to any Invited Submissions, since these terms will affect your legal rights.

By making the Invited Submissions you understand and fully agree that you do so just in order to enjoy yourself and for the fun of it, and furthermore that QESIGH is not entering into any kind of business, contractual, or otherwise legal relationship with you about them, and that the only purpose of enabling you to make said Invited Submissions is to provide you in good faith with an additional means of entertainment and, so to speak, food for thought. Specifically, under no circumstances the requests for Invited Submissions are to be understood as an offer, authorization or licence to create any kind of derivative work from QESIGH’s own intellectual property, or to collaborate with QESIGH in its internal creative process of new contents.

Therefore you understand and agree that no material whatsoever submitted to us, whether solicited or unsolicited, will be treated as confidential information or trade secrets; that it will not be protected under the intellectual property legislation; that QESIGH may therefore use it or not use it as it sees fit; that no compensation will be paid to you at all, and that you are hereby waving any claims, if any, in said respect under any theory of law, including unfair competition, unjust enrichment, breach of implied contract, or confidentiality.

We understand that you may think this is not fair, and we apologize for any inconvenience it may cause you, but please bear in mind again that the contents of the web page are there for all of you to have some extra fun. If you think that is not going to be the case, please do not make any submissions or contributions and feel free to enjoy the rest of the site.

Furthermore, if any material submitted, whether solicited or unsolicited, were ever to be regarded as protected under the intellectual property legislation, you understand that by posting or uploading any such content to this website and/or providing any communication or material to QESIGH (“User Content”), you automatically and irrevocably:

(I) grant and assign to QESIGH any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by QESIGH and/or by any person authorized by QESIGH, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(II) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(III) appoint QESIGH as your agent with full power to enter into any document and/or do any act QESIGH may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(IV) warrant that you are the owner of the User Content and entitled to enter into this agreement;

(V) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that QESIGH shall not be liable for any use or disclosure of such User Content.

THIRD PARTIES/NO ENDORSEMENT

This QESIGH Site may provide links to third-party web sites, and certain areas of the QESIGH Site may allow you to conduct transactions or purchase goods or services from or through a third-party. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than QESIGH are solely between you and that third party. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted by any third party or on any third party web sites. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. YOU AGREE THAT QESIGH AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the QESIGH Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by QESIGH or the Affiliates. Users are requested to inform QESIGH of any errors or inappropriate material found on web sites to which this QESIGH Site is or may be linked.

LINKING TO THE QESIGH SITES

If you link to the QESIGH Sites you may link only to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by QESIGH. The link to this QESIGH Site must not damage, dilute or tarnish the goodwill associated with any QESIGH names or any other QESIGH intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with QESIGH. You may not “frame” this QESIGH Site or alter its intellectual property or content in any way. You may not link to the QESIGH Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in QESIGH’S sole discretion). QESIGH reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this QESIGH Site or these Terms.

DISCLAIMER

THE MATERIALS IN THE QESIGH SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY QESIGH SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY QESIGH SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY QESIGH SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any QESIGH Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any QESIGH Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY QESIGH SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY QESIGH SITE.

AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Web sites covered by these terms of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of such notice on the Web sites covered by these terms of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of all QESIGH Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to any and all QESIGH Sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all QESIGH Sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of Canada, without giving effect to any conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts located in Montreal, Quebec, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

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